Question — Bontempi, Palladium Theologicum V · from Schola Thomistica

Question XX: On the ways of removing the obligation of an oath

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1.

FIRST, some say this obligation is removed by not being induced, as when a Law declares it void: But this does not remove an obligation that did not exist, but only prevents it from arising. Thus the Council of Trent, sess. 25. cap. 16., declares void and null the renunciation of goods, even if sworn, before the two months of profession.

2.

THE OBLIGATION arising from an oath is truly removed, first, if it cannot be fulfilled without sin; for an Oath is not a bond of iniquity.

3.

NEXT, it is removed by the condonation of him in whose favor it was sworn.

4.

THIRD, it is taken away by the voiding by superiors. See what I said disp. de Voto, a quaest. 22. et seqq. Except, however, Curators, who cannot void the oaths of minors, although they can void vows, leg. 1. et 2. Cod. si adversus vendit. It is also taken away by Commutation, as I said disp. 1. de Votis, quaest. 30. It is removed also by dispensation, in the way said loco cit. quaest. 28. et 29.

5.

BUT those five matters there related are not reserved if they are nude sworn, not vowed; for only those oaths are reserved which are to the loss of a third party. So Navar. lib. 2. consil. de iur. conf. 3. Tabien. V. Iur. quaest. 20. Petr. Ledesm. tomo 2. tract. 11. cap. 4. dub. 2.

6.

FOR they are commonly with a vow, and therefore are reserved: as Bassaeus warns, V. Iur. 5. num. 7. with Sanchez lib. 8. matrim. disp. 13. and lib. 3. moral. cap. 19. num 6.

7.

DISPENSATION, however, must be for a cause, as I said disp. 1. de Voto, quaest. 37.; so also commutation, as I said there quaest. 29.

8.

CAUSES for dispensing from an oath can be: if it was extorted by fear or fraud: If injustice intervened, as when a usurer exacts an oath about paying usury. Or when one has been gravely injured in a contract and was forced to swear it; or, not attending to the injury, he confirmed it spontaneously by oath. Or in punishment for him in whose favor it is given, if he committed a crime, whereby he deserves to be despoiled of his goods, if he is an enemy of the Church. Finally, if the common good demands it, Lessius lib. 2. cap. 42. dub. 12. num. 62. Bonacina de Iur. puncto 17. Bassaeus in calce.